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  • 10-02-2015

In Dutch case law it has long been held that the bankruptcy of a Dutch partnership automatically entails the bankruptcy of each of the partners. In a decision that explicitly breaks with previous case law, the Dutch Supreme Court found on 6 February 2015 that the bankruptcy of a Dutch partnership does no longer entail the bankruptcy of its partners. If the criteria for bankruptcy (in short: that the debtor has ceased to pay its debts as they fall due) are met by the partnership, the court should only open insolvency proceedings with respect to individual partners after determining that they themselves meet the insolvency criterion.

 

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